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Civil Rights: Other | Florida Middle
Order on Motion for Miscellaneous Relief Order on Motion for Reconsideration / Clarification Order on Motion to Amend / Correct / Modify / Supplement
TEXT ORDER denying Plaintiff's Motion for Relief from Judgment under Federal Rule of Civil Procedure 60(b)(1) (Doc. 32). Plaintiff seeks relief from the Court's (Doc. 31) Order denying his 30 Motion to Amend the Court's 28 Order under Rule 59(e), which dismissed his Amended Complaint for failure to state a claim. Plaintiff argues that the Court mistakenly denied his 30 Motion to Amend in reasoning that the Motion did not challenge the Court's dismissal of his Amended Complaint for failure to state a claim. (Doc. 32). Indeed, Plaintiff's Motion to Amend argued that, if the Court allowed Plaintiff to file a second amended complaint, he could cure the defects identified by the Court in its Order dismissing his Amended Complaint. (Doc. 30 at 4-6). Plaintiff acknowledges this now, stating that his 30 Motion to Amend "asked the Court to vacate judgment and accept another complaint." (Doc. 32 at 2). Plaintiff again argues that the Court's dismissal of his Amended Complaint was "erroneous or manifestly unjust" because his proposed second amended complaint may be able to state a claim. (Id.). The Court correctly denied Plaintiff's 30 Motion to Amend, noting that a court's reconsideration of a prior order is an "extraordinary remedy" to be used sparingly. (Doc. 31); Taylor Woodrow Constr. Corp. v. Sarasota/Manatee Airport Auth., 814 F. Supp. 1072, 1072 (M.D. Fla. 1993). Accordingly, Plaintiff's 32 Motion for Relief pursuant to Rule 60(b)(1) is DENIED. Signed by Judge John L. Badalamenti on 7/10/2026. (SV)
Civil Rights: Education | Florida Middle
Amend / Correct / Modify / Supplement
MOTION to Amend by Hope McMath. (Attachments: # 1 Exhibit Second Amended Complaint)(Phillips, John)
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